• Informatization Policy
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• v.27 no.3
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• pp.3-18
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• 2020

In the growing digitalized world, the European Union implemented the General Data Protection Regulation(GDPR) to establish a comprehensive data protection framework across member states. Given the constitutional roots of GDPR, the EU's regulatory approach is different than other data protection regimes. The new regulation has strengthened individual rights to data protection, but it also introduced several obligations for businesses that collect and process personal data. We review the existing literature on privacy, particularly GDPR, from a policy perspective. The evidence outlines data regulation's effects on competition, innovation, marketing activities, and cross-border data flows. The discussion highlights the tradeoffs between increased regulation of data protection and its effects on the market.

• International Commerce and Information Review
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• v.3 no.2
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• pp.131-142
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• 2001

IT 산업은 인터넷을 발달시킴으로써 새로운 경제 시대 (New Economic Era)를 열게 하였을 뿐만 아니라 민주주의제도의 발전가능성을 한층 더 앞당기는 계기를 마련하고 있다. 그러나 개인들은 그들의 개인정보가 국가기관이나 민간기관에 자신도 모르는 사이 누출되어 국가기관의 감시체제를 구축하거나 불공정한 상업적 목적으로 쓰일 수 있다는 우려 때문에 온라인상의 구매활동이나 정치활동을 주저하고 있다. 특히 유럽민족은 과거의 역사적인 사건들로 인해 개인정보 유출문제에 매우 민감하게 반응한다. 이러한 이유로 EU는 EU국가들 내에서의 인터넷관련 개인정보처리문제와 EU와 제3국간의 개인정보 이전 문제를 규정하는 지침을 1995년 재정하고 1998년부터 시행하고 있다. 동 지침은 또한 미국과의 정보이전협상인 safe harbor를 탄생시켰다. 본 고에서는 왜 개인정보 보호법이 필요한지 그 이유와 개인정보보호에 대한 국제적인 논의 그리고 EU의 개인정보지침 내용을 연구한다.

• Journal of Legislation Research
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• no.41
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• pp.303-335
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• 2011

The rapid changes in telecommunications have exercised an important influence on the telecommunications law system, including the protection of the privacy. It was a decisive assignment that telecommunications law protected the confidentiality of privacy. But in new digitalized telecommunications circumstance, every steps of the conveyance of the individual informations should be protected, in particular by telecommunications carriers as a subject of the protection of information. EU Privacy Directive in 2003 and the amendment of Communications Act in U. S. A. in 1996 have reflected the necessity of the privacy from a new point of view. In Korea, "Protection of Privacy Act" has been established as general law as to the protection of privacy and "Electronic Communications Net-work Act" and "Location Data Act" have been functioned as special law in telecommunications, and these laws have developed the legal systems about the protection of privacy in telecommunications. Such a legal system could be affirmatively evaluated. But the regulations should be reformed in a way that corresponds to the detailed types of the privacy and it should be devised a method, that the consent of users could be fulfilled practically.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.26 no.5
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• pp.1269-1277
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• 2016

European Union and United States have introduced new Privacy Shield agreement after decision of Court of Justice of the European Union which invalidated Safe Harbor agreement. Privacy Shield agreement contains several clauses to raise the level of personal data protection such as enhanced commitments, stronger enforcement, clear safeguards and transparency obligations, and effective protection of EU citizens' rights with several redress possibilities. This agreement has received positive response as an enhanced measure for personal data protection. This paper examines EU and US discussion history and current situation regarding Privacy Shield and suggests national policy direction such as measures for personal data transborder flow system improvement and international cooperation.

• The Korean Journal of Archival Studies
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• no.29
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• pp.225-268
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• 2011

The general public are interested in the politics and form public opinion and keep in check the government for true democracy. The general public have the right to be furnished information from the government. And the government should enact the Freedom of Information Act to provide the public's right to know. At the same time, the government should enact the Data Protection Act to provide the public's right to privacy. There is a friction between the Freedom of Information Act and the Data Protection Act. It's hard to maintain the proper balance between the Freedom of information Act and the Data Protection Act, but many countries try to do so. The UK enacted the Data Protection Act 1998(DPA), which entered into force on 2000, to comply with EU Directive 1995. The Freedom of Information Act 2000(FOI), which came fully into force on 2005, was passed in 2000. The FOI imposes significant duties and responsibilities on public authorities to give access to the information they hold. The purpose of this study is to consider the provisions of the personal data in FOI and DPA. Besides this, it identifies the complaint cases on public authorities about the disclosure and exemption of the personal data in comparison with the acts. If information is the personal data of the person making the request, it will disclose under the DPA. If information is the personal data of a third party, it will disclose under the FOI. These acts interact each other to make up for the weak points in the other to make a proper application of the act on public authorities. This study may have any limitation in making a comparative study of the disclosure and exemption of the personal data in Korea. But it is expected to provide a basis for understanding the disclosure and exemption of the personal data in the UK.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.21 no.3
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• pp.117-130
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• 2011

In a situation where worldwide free trade between countries has expanded recently, our country is being rapidly pushed FTA agreements with the financial developed countries such as United States, EU. According to the agreement, the user information of foreign financial companies in Korea is expected to be transfered overseas. In this paper, we need to define the scope and the definition about the transfer of information and analyze the relating domestic and foreign laws preparing for Cross Border Financial Information Transfer. Also, we review the expected issues about the transfer of information divided into institutional and technical sectors and arc presented the policy implication such as differentiation of regulatory information, enactment and amendment of Personal Information Protection Law(Draft) and related regulations, ensuring the safety of financial companies, raise the standard guidelines of the transfer of information. We refers to the needs for policy formulation to differentiate our privacy information from financial information to protect the privacy of users. The proposed countermeasures in this paper is expected to be helpful the measures to prepare for other institutions such as banks and supervisory authorities prepare for the future Cross Border Financial Information Transfer according to PTA.

• Korean journal of communication and information
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• v.55
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• pp.50-73
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• 2011

This paper investigates the effectiveness of Real-Name System on Internet, which has been applied to some Internet service provider bulletin boards in Korea. The goal of the Real-Name system on the Internet is controlling expression of slanderous or abusive language. The effectiveness of the regulation is dependent on the people's perceptions and attitude toward to the legislation. This empirical study examines the antecedents that affect the perceptions and attitude toward the regulation. Further, we investigate the relationships among variables such as internet public sphere participation, attitude to the regulations, and intention to choose detours. Results of regression analysis show that the younger and the more progressive individuals are, the more they oppose the implementation of the law. Also, it was found that people who have more political interest and participate more actively in public sphere via internet, tend to oppose the law. Structural equation models reveal that participation in online public sphere drives negative attitudes about the regulation. In addition, people with negative perceptions about the law tend to choose the detours such as 'cyber asylum' and 'service asylum'.

• Journal of Digital Convergence
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• v.10 no.11
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• pp.87-92
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• 2012

In the early 2012, European Union proposed new legal framework, including the right to be forgotten, for the protection of personal data. The new Proposal articulates kind of sweeping new privacy right and there has been debates on its potential threat to free speech in the digital age. While the situation is similar in Korea, I want to introduce the right to be forgotten in the Proposal. Then, I will analyze current legal system in Korea regarding the new privacy right and suggest some guidelines in searching direction for the coming legislation with respect to the right to be forgotten. The right to be forgotten should not have been promulgated without considering fully its effect on the free speech, especially in the society where the voice toward direct democracy or movement toward participation of the citizen, mainly through cyber space or Social Network Services, has risen much higher in Korea. Especially, the new right seems not to cover the control of data subject on a third party where the third party expressing his opinion by posting himself other's personal data on his blog or others.